NewsandUpdatesRegardingTexasFamilyLawIssues

MENU

Laws that prohibit divorce from a valid marriage violate human rights

The United Nations ruled in August that an Australian law that prohibits divorce between same-sex couples validly married from another country to divorce violates international human rights obligations.

The case was taken to the UN by Fiona Kumari Campbell, who married her ex-partner in Canada in 2004, before the couple separated later that year. Dr Campbell wants to dissolve the marriage for personal and practical reasons, including having the option to remarry in the future and implications for overseas travel. However, as same-sex marriage is not legal in Australia, Dr Campbell marriage is not officially recognised and therefore cannot be subject to divorce proceedings. She cannot get divorced in Canada either, because she did not live there for at least a year.

The UN found that the differential treatment was discriminatory which the UN Human Rights Commission finds unacceptable.

Michelle May O'Neil strives to provide clients with high-quality representation in a personalized atmosphere. She has over 20 years of experience representing men, women, and children related to family law matters such as divorce, child custody, and complex property division.

O’Neil Wysocki Family Law

Stay Connected

About Michelle May O’Neil

Michelle May O’Neil strives to provide clients with high-quality representation in a personalized atmosphere. She has over 20 years of experience representing men, women, and children related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes genuine compassion for her client’s difficulties, yet she can be relentless when in pursuit of a client’s goals.